Porter v. Hoeft
Porter v. Hoeft
Opinion of the Court
On Alicia Hoeft’s petition, the circuit court issued a permanent injunction against repeat violence by the paternal grandmother of Hoeft’s child, Shirley Porter. We reverse.
According to Hoeft’s petition, the parties have experienced substantial difficulty when they meet to pass the child for visitation. Hoeft alleged two incidents of violence by Porter, one of which allegedly
At the hearing in this case, Porter testified about the most recent episode that had been described in the petition, and she disputed Hoeft’s allegation that she was the aggressor. But Porter was not allowed to call other witnesses. Rather, the circuit court questioned Hoeft very briefly, without asking about the alleged incidents of violence. Then it abruptly announced that the injunction was granted based on the petition’s allegations and the court’s credibility determination.
Given the summary manner in which the court conducted the hearing, it is not surprising that the record lacks competent, substantial evidence showing the grounds required for the injunction. For this reason, we are compelled to reverse. See Russell ex rel. Russell v. Hogan ex rel. Hogan, 738 So.2d 1003 (Fla. 2d DCA 1999). Moreover, even if sufficient evidence had been introduced, we would still find it necessary to reverse because the circuit court erred in refusing to hear testimony from Porter’s witnesses. See Brand, 610 So.2d at 38 (reversing final injunction because circuit court had refused to consider respondent’s evidence).
Reversed and remanded for new hearing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.